1.1 This Agreement is between the contracting member of the booking party ("you" and "your") and (the "we", “our” and "us").
1.2 The terms and conditions contained herein are displayed on the Our website at therubberhouse.co (the "Site"). The making of a booking and payment of a deposit or full balance (for bookings made within 8 weeks of arrival) will constitute the formation of a legally binding Agreement on these terms and conditions between you and Us for the holiday rental of the Accommodation.
In this Agreement the following terms have the following meanings:
‘Accommodation' means the premises and grounds within which the Accommodation resides (a House or Houses) identified in the Booking Confirmation or Remittance Advice or as may otherwise be agreed in writing between you and Us.
‘Accommodation Cost' means the cost of your holiday rental of the Accommodation.
‘Agreement' means this Agreement.
‘Booking Confirmation' means an email or letter from Us to you confirming your booking, subject to the terms of this Agreement.
‘House’ means The Rubber House.
‘Remittance Advice' means an email or letter from Us to you confirming your payment, subject to the terms of this Agreement.
3. Bookings and Payment Terms
3.1 All bookings will be made via the Site. All bookings are subject to availability, and are provisional until a Booking Confirmation has been sent to you by Us. Receipt and banking of any deposit monies will not constitute acceptance of a booking. Subject to any applicable law, we reserve the right to refuse any booking for any reason.
3.2 Payment is accepted by wire transfer, paypal, venmo. For bookings made 8 weeks in advance or less, the total Accommodation Cost is payable at the time of booking, except for bookings to A house for Essex where full payment is required at the time of booking.
3.3 A Booking Confirmation or Remittance Advice will be sent once the following conditions have been satisfied:
For The Rubber House
3.3.1 for bookings made 8 weeks or more in advance, you have paid a deposit of 50% of the Accommodation Cost rounded to the nearest U.S. Dollar within three days of making your booking request, or
18.104.22.168 for bookings where the arrival date is within 8 weeks of your booking request, you have paid the full Accommodation Cos
3.4 As soon as you receive your Booking Confirmation or Remittance Advice, you must check the details carefully. If anything is not correct you should tell us immediately.
3.5 The full Accommodation Cost must be paid 8 weeks prior to your arrival for bookings to The Rubber House. If we have not received the full amount 8 weeks before arrival, we reserve the right to cancel your booking and retain your deposit and we shall be entitled to claim for damages and any other costs arising as a result of such cancellation.
3.6 The Company's primary method of communication with you will be via email, and Booking Confirmations and Remittance Advices will be sent by email unless we agree otherwise in writing. It is your responsibility to check your emails regularly and to advise us of any change to your email address, and we accept no responsibility for any loss, claim or damages arising out of your failure to comply.
3.7 Ulster County Occupency Tax at the prevailing rate at the time of booking is in addition to the published prices. Should the rate of tax change, or any other tax be introduced, we reserve the right to amend our prices.
3.8 Bookings are not transferable and we reserve the right to evict or deny entry to any person or persons if we have reasonable grounds to believe that such person or persons is not either you or your named companion/s.
We recommend that you take out appropriate travel insurance at the time of booking.
4.1 Cancellations by you: If you have to cancel your booking, we require your instruction in writing and we will charge you either
4.1.1 For the Houses
If the cancellation is made within 8 weeks of arrival, 100% of the Accommodation Cost, or (ii) if the cancellation is made 8 weeks or more before arrival, 25% of the Accommodation Cost.
4.2 Cancellations by us: We reserve the right to cancel or alter your booking for reasons beyond our reasonable control and where in our opinion it is necessary to undertake essential repair and refurbishment work. In the event that we cancel your booking, we will take reasonable steps to offer you alternative dates. If we are unable to do so or you choose not to accept the alternative dates, we will return the money you have paid. Apart from refunding the money you have paid us, we will have no liability towards you for any loss, claim or damages arising out of the cancellation.
5. Changes to bookings
5.1 Changes to bookings made by you will be treated as a cancellation and the charges in clause 4.1 above will apply. At our sole discretion and in writing only, we may waive our right to treat a change as a cancellation and accept your requested change.
5.2 Changes made by the Company: We hope that this will not be necessary, but if we have to make any change to your booking, we will treat it as a cancellation by us pursuant to clause 4.2 above.
6. Our Obligations to You
6.1 The Accommodation is provided on a self-catering basis and no food or provisions are provided by us.
6.2 Electricity, water, linen, towels and, subject to clause 7.1, final cleaning are included in the cost of your booking.
6.3 While we will use reasonable endeavours to supply electricity, gas, water and, where indicated as provided, a wi-fi or internet service, we do not guarantee their availability.
6.4 We will issue arrival instructions and directions approximately 1 week prior to your arrival, to the email address used for the Booking Confirmation unless we have been advised of any change in your e-mail address.
6.5 Any of your property found at the Accommodation after your departure will be subject to the policy regarding lost property, details of which are included in the Accommodation manual, which can be found in the house on arrival.
6.6 We aim to ensure that the information on the Site is accurate. However, we cannot accept responsibility for any inaccurate, incomplete or misleading information on the Site about the Accommodation or its facilities and services, except where such failure to provide full and accurate information arises out of our negligence or willful misrepresentation.
6.7 Living Architecture cannot be held responsible for any sightseers visiting the Accommodation, nor for the effects of the rural location of the Accommodation.
6.8 We reserve the right to station security personnel at the Accommodation as required.
7. Your Obligations to Us
7.1 By making the booking, you warrant that:
7.1.1 you are over 18 years old;
7.1.2 That you are making the booking for your own use and not on behalf of any other person and that you will not allow any unauthorised person in to the accommodation.
7.1.3 you are authorised to make the booking under these terms and conditions by all other members of the party;
7.1.4 you accept full responsibility for all persons who will use the Accommodation;
7.1.5 you accept full responsibility for making all payments due to us under this Agreement; and
7.1.6 you have read all of these terms and conditions and understood that you will be bound by them.
7.2 You agree to indemnify us against all loss and damage to the Accommodation and its contents caused (whether directly or indirectly) by or arising out of any deliberate or negligent act or omission by you, any person accompanying you, or anyone you allow in to the accommodation and, without limitation of the foregoing, to pay us forthwith upon written demand any costs incurred or suffered by us in making good any such loss and damage and/or replacing or repairing any lost, stolen or damaged items, plus an administration charge of $200.
7.3 Please note that you are required to secure the Accommodation during your stay. You must ensure that if you leave the Accommodation during your stay all windows and doors are locked. You also agree to take care of the keys to the Accommodation and agree not to leave the keys unattended and not to lend the keys to anyone who is not a trusted member of your party. If you fail to reasonably secure the Accommodation or the keys to the Accommodation and theft, loss or damage arises as a result, then this will be regarded as a negligent act under clause 7.2 and you will be fully liable for any losses which arise as a result.
7.4 You agree and accept that given the unique nature of the Accommodation and its contents, the cost of repair or replacement of damaged, lost or stolen items or the making good of any damage may exceed the costs which might usually be incurred for standard or typical vacation accommodation.
7.3 For the avoidance of doubt, should any cleaning be required following your stay in the Accommodation which is more than would normally and reasonably be anticipated by us, the cost of such cleaning shall be treated as damage and made good by you pursuant to clause 7.2 above. Such extra cleaning will not normally cost less than $200, but may cost considerably more.
7.4 You undertake to keep the Accommodation and its fixtures and fittings in the same state of repair as at the commencement of your stay (save for reasonable wear and tear). Any breakages and damages must be reported as soon as possible by email to us.
7.5 You and all members of your party undertake to behave lawfully at all times at the Accommodation.
7.6 You, or any person accompanying you, are not permitted to smoke at the Accommodation.
7.7 Pets or animals of any kind are not allowed at the Accommodation, unless you have gotten specific permisson from us in a written email. Where we have extended that permission, dogs are allowed, only one dog is permitted per booking provided the appropriate charge is paid and that the dog is not allowed to sleep on the beds or furniture and is not left un-attended in the Accommodation. No other animals are allowed.
7.8 Assistance dogs are permitted at all Accommodation where the charge and conditions in clause 7.7 do not apply. However you must inform us on the booking form that you will be bringing an assistance dog.
7.9 You and your party will have access to the Accommodation as follows:
You will not have access to the House until after 3pm on the day of arrival and you must vacate the House by 11am on the day of departure. If for any reason we have not been able to finish preparing the house by 4pm, you may be asked to wait while we complete any outstanding work.
If you have not arrived and have not contacted us by 12 noon on the day after your arrival date we may treat your booking as having been cancelled by you. No refund will be made in this situation.
7.10 You will comply with any reasonable regulations relating to the Accommodation and surrounding area.
7.11 Your booking must be for vacation purposes only and not used for gatherings such as wedding receptions or parties, nor for any commercial undertaking or photographic shoots, press visits nor for any unlawful purpose.
7.12 We may have access to the Accommodation during your stay. If we need to gain access, we will give you as much warning as we can. There will be no need for you to stay in, since our caretaker can accompany the visitor if you like.
7.13 If you have any issues concerning the Accommodation during your stay you should notify us as soon as possible. We will not normally make any refunds in respect of complaints made after your departure from the Accommodation if you did not make the complaint or problem known during your stay. In considering any complaint we will take into account whether we have been given the opportunity to investigate it and provide a remedy at that time.
7.14 You must not occupy the Accommodation with any more people than we allow - this is shown on the Site.
For the Houses
The number of people allowed at each house is restricted to the number of people for which there are bed spaces, plus travel cot/s (to be provided by you) for infants under the age of 2 years.
The Rubber House - 6 bed spaces (plus 2 infants)
7.15 If you or any member of your party has any medical problem or disability that may affect your booking, you must advise us of the full details before you confirm your booking. If we are unable to properly accommodate the particular needs of the person concerned we may decline or cancel the reservation.
7.15.1 If you or any member of your party needs to bring any equipment to the Accommodation to assist with any medical problem or disability, you must advise us of the full details before you confirm your booking. If we are unable to properly accommodate any equipment needed we may decline or cancel the reservation.
7.15.2 If you or any member of your party need to bring an assistant they will be counted as one of the number of people allowed at the Accommodation.
7.16 You and your party will ensure that any naked flames such as those of candles and barbecues are not left unattended and are properly extinguished when not in use. You and your party will ensure that no indoor fireworks are used inside the Accommodation. You and your party will ensure that no outdoor fireworks or Chinese lanterns are used outside the Accommodation.
7.17 As the booking process is via electronic media, you must advise us of any change in your e-mail address or any other contact details as soon as possible.
7.18 You will not allow anyone into the Accommodation who is not authorised as part of your booking.
8. Right to Evict
8.1 We may terminate the Agreement on notice, in which case you and your party must leave the Accommodation, in the following circumstances:
8.1.1 at our discretion where there has been a serious breach of the Agreement, or
8.1.2 if you or any member of your party is behaving unlawfully or in breach of clause 7 above, or
8.1.3 if we reasonably believe that you or your party's behaviour endangers the safety of other visitors or members of staff, our partners, affiliates, agents or contractors or their staff or visitors, or is likely to cause damage to the Accommodation; or
8.1.4 you occupy the Accommodation with any more people than we allow, or
8.1.5 any complaints are made of anti-social behaviour or unreasonable breakages or damage occur or smoking restrictions are not observed.
8.2 If you are evicted pursuant in accordance with this clause 8, we will have no liability to you or any member of your party, including, without limitation, the payment of any compensation to you or the payment of any costs or expenses incurred by you as a result of not being able to occupy the property, such as the cost of alternative accommodation. We will have no further obligation to you, including, without limitation, finding alternative accommodation for you.
9.1 The Company's total aggregate liability under this Agreement to you and those accompanying you at the property is limited to no more than the Accommodation Cost.
9.2 The Company accepts no liability for any interruption in electricity, gas, water supply or the wi-fi or internet service (where provided), nor will we be liable for any loss of property or any other loss or damage caused by us or our agents.
9.3 Neither party shall have any liability to the other party for any indirect, incidental or consequential loss, damage, claim or expense howsoever arising.
9.4 Nothing in this Agreement shall exclude liability for death or personal injury caused by our negligence or that of our employees whilst acting in the course of their employment; fraud or fraudulent misrepresentation on our part; or anything else for which liability may not at law be excluded.
9.5 In addition to your liability under clause 7 above, but subject to clause 9.3, you agree to indemnify us against and hold us harmless from any and all losses, damages, claims, proceedings or expenses (including, without limitation, reasonable legal fees and expenses) arising out of any breach by you of this Agreement.
10. Force Majeure
10.1 Except where otherwise stated in this Agreement, we shall not be liable for any change or cancellation which is a result of circumstances beyond our reasonable control and which we could not reasonably have foreseen, including, but not limited to, strike, lock-out, labour dispute, act of God, acts of terrorism, war, riot, civil commotion, malicious damage, compliance with a law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, insolvency or bankruptcy of a third party, fire, flood, snow and storm, exceptional weather conditions, difficulty or increased cost in obtaining workers, goods or transport and other circumstances affecting the supply of goods or services.
11. Data Protection
11.1 In order to process your booking, we will use your personal information, such as name, address, email address and mobile telephone number. We will put in place and maintain proper security measures to protect your information. The information may also be provided to security or credit checking companies, and public authorities such as the police or customs/immigration, if it is required by them, or as required by law. When making a booking with us, you consent to this information being passed on to the relevant persons.
11.2 You understand that we may need to disclose the personal information you supply to us to our agents, suppliers and representatives as required, and you consent to our doing so.
11.3 We would like to hold your information (including any email address), where collected by us, for our own future marketing purposes (for example, to inform you of promotional offers and details of new houses). If you do not wish to receive such approaches in future, please inform us as soon as possible.
11.4 In order to comply with insurance and security requirements we are required to place security cameras in some Accommodation to help secure certain valuable artworks. The cameras will be focused only on the artworks, doors or windows and will not be aimed at the communal living areas of the accommodation. By agreeing to stay at the Accommodation you agree that you may be recorded by our security cameras. This footage may be disclosed to police, insurers or security firms if necessary in order to investigate an incident of damage or theft or if we are required to hand over footage following a lawful request by law enforcement officials.
12.1 Severability: If any provision in this Agreement is deemed to be illegal, unenforceable or invalid for any reason, it shall be deemed to have been struck out and the remaining provisions shall survive and continue to be binding and enforceable.
12.2 No waiver: Any failure by us to enforce any provision of this Agreement at any time shall not be construed as a waiver of such provision and shall not affect our right to enforce such provision.
12.3 No assignment: You may not transfer, assign or otherwise dispose of your interest in this Agreement without our prior written consent.
12.4 Rights of Third Parties: Nothing in the Contracts shall operate to give any third party the right to enforce any term of this contract.
12.5 Jurisdiction: The construction, validity and performance of the Agreement shall be governed by the law, and both parties submit to the exclusive jurisdiction of the US Courts
Date: August 7th, 2020